Day in court for 2003 bushfire victims

It has been seven years since Canberra was devastated by bushfires, a long wait for people who were injured or lost property in the ferocious blazes and want compensation.

They are seeking a combined total of more than $100 million for losses and damages from the ACT and New South Wales governments' insurers.

Their day in court arrives today.

The class action began in 2005. It included eight pages of claims against the ACT, NSW and the Federal governments.

It accused the ACT Government of failing to take into account the potential of the fires in the Brindabella Ranges to reach Canberra, failing to reduce fuel loads in the ranges and failing to ensure adequate fire trails.

It also stated that on January 18, 2003, the ACT Government failed to manage the fires, failed to warn residents of the fire risk and failed to declare a state of emergency.

The first plaintiff named was Niki Van Buuren, who was severely burned when the fires struck the Canberra Equestrian Centre in Chapman.

Today the claim looks different. The number of plaintiffs involved has grown and shrunk over the past five years.

Last year, several insurance companies joined the proceedings, bringing their clients with them. At one point there were more than 4,000 plaintiffs.

Then in December, insurance company NRMA - which represented around 2,000 claimants - told the court it was withdrawing all its claims. The company would not give any reason for the decision but said no settlement had been reached with either the ACT or NSW governments.

NRMA's withdrawal left about 600 plaintiffs, who will now take part in the 12 week hearing.

Crux of the matter

At this stage, no plaintiff will be asking for a specific amount of money. Chief Justice Terence Higgins will be focusing on who was responsible for the damage.

In court recently, he discussed whether one of the fires began in NSW or the ACT.

"It was a fire. It did damage. It does not matter if it started in NSW or New Zealand. I do not see why there needs to be ownership of the fire," he said.

"The real question is who had the responsibility to avoid the damage."

That is the crux of the matter.

It was something Coroner Maria Doogan examined in-depth during the inquest into the 2003 fires. Her findings will most likely be referenced throughout the proceedings.

Dozens of experts will again be called on to give evidence about bushfires. At least 14 of those will be from the United States. Others will come from Canada and Tasmania.

On top of that, more than 90 locals will be called. They are referred to as 'lay witnesses' and will set the scene, telling Chief Justice Higgins what it was like when Canberra erupted in flames.

ACT Attorney-General Simon Corbell confirmed Chief Minister Jon Stanhope and his ministers will not appear before the hearing.

Logistical challenge

The proceedings will also be a major logistical exercise. Dozens of lawyers will descend on two courtrooms in the ACT Magistrates Court set aside for the proceedings.

One courtroom will accommodate counsel, the other will be used for the public gallery where a big screen will beam the proceedings.

There will be 20 barristers and solicitors sitting at the bar table.

A topographical model of southern ACT has been made for the hearing and will perch just below the bench.

But Chief Justice Higgins will have a chance to see the landscape first hand. He is expected to be taken to the summit of Mount Stromlo in the first week, to see where the damage occurred.

He will also spend a day travelling to McIntyres Hut. There was an application to have him travel further afield, with one of the plaintiff's counsel saying he had pinpointed 32 locations to visit. It is yet to be seen whether that amount of travel will be agreed to.

One thing is for sure, the memory of the 2003 bushfires will re-ignited over the next three months. And with it, the legal battles that it has created.